Client Service Agreement

Dear Client. Please take the time to familiarize yourself with the service agreement. By doing so you can help me ensure the best possible end result and to help preserve the artistic nature of the images.

Sincerely,

 
Full Name Signed C.png
 

Please read and sign below.

Photographer = Pierre F. Lombard
Client = As signed below.

  1. Bookings

    1. The Booking Date will only be confirmed upon receipt of a signed copy of this Agreement together with a 100% booking fee or such other agreed percentage or fee and will be confirmed on a first-come-first-served basis.

    2. The Booking Fee will be due on the date indicated on the invoice or such other period agreed to and shall be non-refundable unless this Agreement is cancelled by the Photographer.

    3. The Photographer will confirm the booking at the soonest opportunity, however, if the Client or Agent has not received confirmation of receipt within a reasonable time of signing this agreement, the Client or Agent should contact the Photographer to ensure confirmation of the booking.

  2. Payment

    1. All payments shall be made via EFT into the account provided or via the options provided and shall be made without deduction or set-off unless expressly provided for herein.

    2. When applicable, the balance of the quoted amount, as set off against the booking fee, shall be due on the Booking Date or no later than 7 days after the Booking Date and the Client hereby acknowledges that failure to satisfy the balance shall release the Photographer to revoke any license granted within this contract.

    3. The Photographer will invoice the Client for overtime, reasonable costs and additional licensing fees at the time when the same becomes known and said amounts shall be due and payable on the date of invoice.

  3. Transferability of Fees

    1. The Client is free to change the Booking Date at a time earlier than 7 (seven) days before the event and fees already paid shall be fully transferable to a new Booking Date not being later that 12 (twelve) months from the original Booking Date.

    2. Should the Client opt to change the Booking Date less than 7 (seven) days before the event, fees already paid shall only be transferable to the new Booking Date if the Photographer is successful in obtaining an alternative booking for the original Booking Date.

    3. The Photographer agrees to be in attendance on the Booking Date and to provide to the Client such photographic services and products as detailed in the package description, selected by the Client.

    4. The Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement.

    5. Every reasonable effort will be made to take requested pictures, but no specific pose or composition will be guaranteed.

    6. The Photographer will use his professional judgment and sole discretion to select which photos to deliver and any images which the photographer deems substandard or duplicates may be omitted from the test sheet in the photographer’s sole discretion.

    7. The Photographer reserves the right to:

      • use assistants;

      • substitute another Photographer in the event of the Photographer’s incapacity and in the event of such substitution, the Photographer warrants that the substitute photographer shall be a competent professional; and/or

      • refuse to take photographs should he reasonably consider the weather or other conditions on the day as being potentially harmful to his equipment and/ or person.

  4. Further Processing

    1. In the absence of prior agreement, proof sets may contain a mixture of color, black & white and selective color images.

    2. Standard colour correction and/or retouching shall be executed at Photographer's discretion.

    3. Further changes and/or retouching may be requested at an additional charge.

  5. Copyright

    1. The Client hereby agrees and acknowledges that the Photographer is the author and copyright owner of all images created at the event or in service of the said project and in pursuance thereof further agrees and acknowledges that the transaction contemplated herein is not a “commission” as contemplated by the Copyright Act 98 of 1978 (“the Act”) and that the operation of Section 21(1)(c) of the Act is hereby excluded.

    2. The Photographer has the sole right to alter or make reproductions of the images created and the Client agrees and acknowledges that its right to reproduce, publish or alter the images shall be limited to the rights of use (“the License”) granted by Photographer as copyright owner.

    3. The Client shall fully accredit the Photographer as being the ‘Photographer’ in any displays or publication of the images on all media, according the guidelines stipulated in this agreement.

  6. Licensing

    1. The License granted by the Photographer shall be determined by the particular Usage Option selected by the Client and indicated in the invoice.

    2. In the event that images are provided to the Client in terms of a ‘Personal Use’ License, the Photographer grants to the Client only the right to enjoy said images in a personal, non-commercial manner and Client agrees not to use, sell, scan, copy, publish or reproduce images for any commercial purpose without written permission or a commercial license.

    3. In the event that images are provided to the Client in terms of a ‘Commercial License’ and unless stipulated and agreed otherwise, the License shall be effective for a term of 12 months from the signature hereof and one of the following:

      • An all-inclusive, global License for internet; and/or

      • An all-inclusive print media publication;

    4. Upon expiry of any particular License the Client shall have the choice to renew the License on similar or amended terms at a reasonable escalation OR may choose not to renew the License, which will result in the revocation of any and all rights previously granted to the Client.

    5. The validity of Licenses granted herein shall be wholly conditional on the full and final payment of all fees levied and any use thereof prior to full settlement amounts to unauthorized use and infringement of copyright which is a criminal offense in terms of the Copyright Act.

  7. Model Release

    1. The Client hereby grants to the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for marketing, trade, promotion, exhibition, or any other lawful purposes.

    2. The Photographer, as owner, may grant use of the images to third party licensees and all compensation for use and credit for the images remain the property of the Photographer.

    3. The Client further waives any right to inspect or approve the images, finished versions incorporating the images, or the use to which it may be applied, including written copy that may be created and appear in connection therewith.

    4. This release is binding on the Client, their legal representatives, heirs, assignees and all persons present on the day at the Client’s behest.

  8. Cancellation & Termination

    1. Should the Client cancel the Agreement at anytime, the Booking Fee shall be non-refundable.

    2. Should the Client cancel the Agreement within 7 (seven) days of the Booking Date the whole quoted amount shall fall due.

    3. Should the Photographer cancel the Agreement at anytime and without alternative, all amounts paid shall be refunded subject to set-off against reasonable expenses already expended in pursuance of obligations created in this Agreement.

  9. Limitation of Liability

    1. Should the Photographer be unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transport, vis maior, accident, illness, or technical problems and if he cannot provide another competent professional, all amounts paid shall be refunded subject to set-off against reasonable expenses already expended in pursuance of obligations created in this Agreement, and the Client shall have no further claim with respect to this Agreement.

  10. General Terms

    1. Severability: If any part, term or provision of this Agreement, not being of a fundamental nature, should be held invalid or unenforceable, such part, clause or term shall be severable from this agreement and shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect.

    2. Variation: Any variation to this Agreement must be in writing and signed by both parties hereto.

    3. Whole Agreement: This Agreement together with quotes, ratecards and invoices attached by the Photographer constitutes the full and complete Agreement of the parties and supersedes all prior proposals, agreements, discussions and representations (either oral or written), between the parties relating to the subject matter hereof.

    4. Non-Relaxation: Indulgences or relaxation of any term of this Agreement by either party shall not be construed as a general indulgence or relaxation applying to the future enforcement of any term of this Agreement.

PRACTICAL GUIDELINES

If your license allows you to share the photos on Instagram and Facebook, please follow these practical guidelines.

Thank you for taking the time to familiarize yourself with the terms of service.

Please sign below to finalize the agreement.

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